1987

Carl v. City of Richmond

Virginia Circuit Court

11 Va. Cir. 100

City sought to condemn landowners’ 1.12 acres to construct a Visitor Orientation Center. The legislature had amended the City’s Charter to include the power to construct, own, maintain, operate and equip a visitor’s center and incidental parking, playground and facilities. City passed ordinances to declare a public necessity for the Center and to condemn twelve parcels for the Center. Landowners filed suit alleging the amendment and ordinance were unconstitutional. Both the Fifth Amendment to the United States Constitution and Article 1, § 11 of the Constitution of Virginia prohibit taking private property for public use without just compensation. Court held that whether a particular use was public was a question for the courts, not the legislature. For a use to be public, it must be fixed and definite. The City’s plan was far from definite. As the elements of the project were so undefined, the public use of the amendment did not meet the requirement of fixed and definite. There was no dire need or stated public purpose for the “incidental facilities” that would be included with the Center. The amendment and ordinance unconstitutionally permitted the City to condemn private land without a fixed and definite use for all of the property to be condemned. City was enjoined from proceeding further.

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